SC ask FIA to file report on human trafficking
The agency was also asked to share details of number of cases registered against human traffickers
The apex court while inquiring about the rate of conviction in human trafficking cases, ordered the federal agency to provide the information about the performance of prosecutors in cases in which accused were released. PHOTO: REUTERS
ISLAMABAD:
The Supreme Court has sought report from Federal Investigation Agency (FIA) about how many people had gone abroad illegally and how many were brought back in the country.
Three judge bench of the apex court, headed by Justice Jawwad S Khawaja, also asked FIA to inform the court that how many cases were filed against those involved in human trafficking, adding that how many of those were convicted and how many were released.
The apex court while inquiring about the rate of conviction in human trafficking cases, ordered the federal agency to provide the information about the performance of prosecutors in cases in which accused were released, and whether the accused were let go due to the insufficient evidences.
During the hearing, Justice Khawaja said the government had failed to provide basic facilities including food, shelter and job to its citizens therefore they were forced to go abroad even if it costs them their lives.
The bench has taken up the matter relating to human during the hearing of an application, filed by Abid Hussain against granting bail to Azhar Hussain by a High Court. Azhar had illegally sent Abid’s brother to Turkey.
Azhar Hussain’s two sons Ali Raza and Walid Raza, living abroad were accused of sending Pakistanis in different European countries illegally.
The court allowed Azhar Hussain to engage counsel and directed the FIA to submit a detail report on how many people were taken abroad illegally and how many human traffickers were sentenced.
The case is adjourned till February 4.
Another petitioner challenges 21st amendment
Meanwhile, another constitutional petition was filed in the SC, challenging the 21st Amendment for establishing military court in the country.
The petition was filed by the Communist Party of Pakistan chairman Engineer Jameel Ahmed under Article 184(3) filed the petition against the federation, National Assembly and Senate, praying the court to strike down the amendments in the Constitution and Army Act 1952.
The petition stated that it was wrong to say that the judiciary has failed because as they have handed down convictions to nearly 8000 death row prisoners therefore it was not the judiciary’s fault if these sentences were not carried out. The rulers did not execute the condemned criminals under the pressure of USA and European Union, the petitioner said.
He further said the Parliament has the right to amend the Constitution and make law but it can not change the basic structure of the Constitution, held in ‘Wukla Mahaz Barai Tahafuz Dastoor vs Federation case (PLD 1998 SC 1263), adding that Parliament cannot enact any law, which curb, curtail and infringe the Fundamental Right of the citizens.
He stated the Supreme Court has all the powers to examine whether any constitutional amendment has been made in line with the basic scheme or totality of the Constitution like the Supreme Court of India which had struck down some Articles of the Indian Constitution by introducing the ‘Principle of basic structure of the Constitution.’
“This act of parliamentarians is a severe violation of their oath, taken by them to protect, safeguard and defend the Constitution.” “The justice demands that the parliamentarians, who voted for ‘military courts’ should be tried under Article 6 of the Constitution,” the petitioner prayed.
The Supreme Court has sought report from Federal Investigation Agency (FIA) about how many people had gone abroad illegally and how many were brought back in the country.
Three judge bench of the apex court, headed by Justice Jawwad S Khawaja, also asked FIA to inform the court that how many cases were filed against those involved in human trafficking, adding that how many of those were convicted and how many were released.
The apex court while inquiring about the rate of conviction in human trafficking cases, ordered the federal agency to provide the information about the performance of prosecutors in cases in which accused were released, and whether the accused were let go due to the insufficient evidences.
During the hearing, Justice Khawaja said the government had failed to provide basic facilities including food, shelter and job to its citizens therefore they were forced to go abroad even if it costs them their lives.
The bench has taken up the matter relating to human during the hearing of an application, filed by Abid Hussain against granting bail to Azhar Hussain by a High Court. Azhar had illegally sent Abid’s brother to Turkey.
Azhar Hussain’s two sons Ali Raza and Walid Raza, living abroad were accused of sending Pakistanis in different European countries illegally.
The court allowed Azhar Hussain to engage counsel and directed the FIA to submit a detail report on how many people were taken abroad illegally and how many human traffickers were sentenced.
The case is adjourned till February 4.
Another petitioner challenges 21st amendment
Meanwhile, another constitutional petition was filed in the SC, challenging the 21st Amendment for establishing military court in the country.
The petition was filed by the Communist Party of Pakistan chairman Engineer Jameel Ahmed under Article 184(3) filed the petition against the federation, National Assembly and Senate, praying the court to strike down the amendments in the Constitution and Army Act 1952.
The petition stated that it was wrong to say that the judiciary has failed because as they have handed down convictions to nearly 8000 death row prisoners therefore it was not the judiciary’s fault if these sentences were not carried out. The rulers did not execute the condemned criminals under the pressure of USA and European Union, the petitioner said.
He further said the Parliament has the right to amend the Constitution and make law but it can not change the basic structure of the Constitution, held in ‘Wukla Mahaz Barai Tahafuz Dastoor vs Federation case (PLD 1998 SC 1263), adding that Parliament cannot enact any law, which curb, curtail and infringe the Fundamental Right of the citizens.
He stated the Supreme Court has all the powers to examine whether any constitutional amendment has been made in line with the basic scheme or totality of the Constitution like the Supreme Court of India which had struck down some Articles of the Indian Constitution by introducing the ‘Principle of basic structure of the Constitution.’
“This act of parliamentarians is a severe violation of their oath, taken by them to protect, safeguard and defend the Constitution.” “The justice demands that the parliamentarians, who voted for ‘military courts’ should be tried under Article 6 of the Constitution,” the petitioner prayed.